Revolutionary War Pension and Bounty Land Warrant Application File S. 12822, Philip Duley, New York

SERVICE
NUMBER
New York
Darley, Philip
S. 12822
Carded
CONTENTS

New York 27712
Philip Duley
of Allegany in the State of New York who was a private in the company commanded by Captain Beele of the 2nd commanded by Col — in the New York line for 7 months private
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 8 day of October 1834 and sent to H Brown Cooperstown
Arrears to the 4th of Sept 34 81.66 Semi-ant. allowance ending March 35 11.66 $93.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Danl Boyd Clerk, Book 62 Vol. 4 Page 17

Otsego Co. N.Y.
Of the Term of October in the year of our Lord one Thousand Eight hun- dred and thirty two
State of New York Otsego County ss
Be it Remembered that on the day of October in the year of our Lord one Thousand Eight hundred & thirty two person- ally appeared in Open Court being the Court of Common Pleas now sitting in and for the County of Otsego in the State of New York and being a Court of Record pro- ceeding according to the principles of the common law with power of fine and imprisonment Philip Duley now a resident of the Town of Milford and County of Otsego aged sixty eight years the third day of May last past who being first duly sworn according to law doth depose and declare in order to obtain a pension under the provisions of the act of Congress approved June 7 th 1832 enti- tled an act supplementary to the act for the re- lief of certain surviving officers and soldiers of the Revolution" that the said Philip Duley on or about the last of June 1777 enlisted at Fish- kill in the County of Dutchess & State of New York as a private soldier in a company of Militia com- manded by a Captain Beele for the Term of three months in the Revolutionary war, that this deponent then resided at Fishkill and was mustered there and remained there for a short time and then marched to Stoney Point with said company as such sol- dier and remained there in the service about nine weeks as near as this deponent can recollect then marched back to Fishkill and remained there in the service as such soldier till the expira- tion of the three months when this deponent was discharged. And this deponent saith that in the month of July before the taking of

Coon Valley this deponent again enlisted at Rhine Beck as a private soldier in a company of Militia commanded by Capt. Shepherd for the Term of four months in the Revolutionary war that this deponent then resided at Rhine Beck and went from Rhine Beck to Fishkill and was there mustered and marched from there to West Point and from West Point about five miles west where the Continental Troops were stationed win- ters before and the winter following and re- mained there a few days & then marched back to West Point and crossed the River and marched to Poughkeepsie and remained there one night at Pine Bridge and from there marched to North Castle and Bedford where this deponent remain- ed five or six days and from there marched to Poughkeepsie Landing and there took a sloop for Albany and after arriving at Albany he this deponent remained in the Barracks at Albany about two weeks as near as this deponent can recollect during all which time he was attached to said Company comman- ded by Captain Shepherd - and this deponent further saith that it here became necessary for eighteen privates and one sergeant & one Lieutenant of this Company to go to the North and this deponent volunteered as one of the Eighteen and marched to Ball Town where this deponent remained about six weeks dur- ing which time this deponent was almost every day on a scouting party or at work upon the Fort which was then building there and this deponent then returned

from Balladown and joined the Company at Albany and remained until the expiration of the four months for which he enlisted and was then discharged and returned home to Rhinebeck - and this deponent saith that he has no documentary evidence of his service, nor did he ever receive a written discharge. This deponent was born in the month of May 1764 and this deponent saith that there was a record of his age in the family bible of the father of this deponent, but his father is now dead & whether the record is preserved or not this deponent can not say. This deponent resided at Rhinebeck after he was last discharged till he arrived at the age of twenty one years and then went to what is called the niece Pasture and from there this deponent moved to Pittstown and then removed to Schoharie where this deponent resided about ten years and then this deponent moved to Germantown in Ulster County where this deponent resided about six ten years, and then this deponent moved into Seneca County where this deponent resided two years, and from there to Nafpia in the County of Herkimer, and from Herkimer to Onondaga County where this deponent has since resided, and he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the government of any state
Sworn & subscribed the day and year aforesaid in open court —
Philip Tuley
Horace Lathrop, Clerk

We Samuel Russell residing in the Town of of Milford and Joseph Cooper residing in Middlefield hereby certify that we are well acquainted with the Philip Daley who has subscribed & sworn to the above declaration that we believe him to be fifty eight years of age. That he is reputed & believed in the neigh- borhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion, and that he is a man of truth & veracity  sworn & subscribed this 15 th day of October 1832 in open court  Samuel Russell his Joseph X Cooper mark  Horace Lathrop, Clerk
and the said Court do hereby declare their opin- ion after the investigation of the matter and after put- ting the interrogatories prescribed by the war depart- ment that the above named applicant was a Revolutionary soldier, and served as he states and the Court further certifies that it appears to them that Samuel Russell who has signed the pre- ceding Certificate is a resident of the Town of Milford, Otsego County and that Joseph Cooper who has also signed the same is a resident in the Town of Middlefield in said County and that they are credible persons and that their statement is entitled to credit
J. O. Moon } Judges E. Frost } S. Page } } } }
Horace Lathrop Clerk of the Court of Com- mon Pleas of the County of Otsego do hereby certify that the foregoing contains the origi- nal proceedings in said Court in the matter of the application of Philip Daley for a pension for testimony whereof I have hereunto set my hand & seal of office this 19 th day of Oct. 1832  Horace Lathrop By J. K. Clegg Deputy

No 18311
Philip Duley Otsego County New York
8
Geo. A. Starkweather Cooper Town Otsego County N. York

WAR DEPARTMENT,
Pension Office.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Philip Duley Otsego County New York
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted June 1777 - 3 - private Capt Veale Marched to Stony Point Marched to Fishkill, to Mt Point to North Castle to Albany, to Ball Town 68 years Dutchess County New York A Delaware Wilnufes certified credible V 2 during Wilnufes, no clerks certificate to their depositions - no diligencem, enty for two reason given papers not properly attached -   Enlisted July - 4 - private Capt Saifland  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Reborn
12822 INVALID.
same
File No. 12822
Philip Duley Paris Recd War
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

New York
Dec
Miss Emily
Starkweather
Lot. to S. A. Starkweather
20 Oct. 1833
at the Room. Aug. 22 34
Adm S
Oct. 7th 32

State of New York      Lewis Jones, age twenty six years & a resident of the Town of Schoharie County p: Quaryburgh is a city of Schoharie being duly sworn. Depose Worth that in the year 1777. & a short time previous to the surrender of Gen. Burgoyne, the deponent was a soldier in the New York State Troops & stationed at Verplank's Point . Herkshire  Schoharie County State of New York That he was attached to a company commanded by Captain Isaac Neal . - that he became acquainted with Philip Duley , who was a young man & a soldier in actual service & attached to the company commanded by Captain Isaac Neal . - and the deponent further says that he together with the said Philip Duley continued at Verplank's Point & comrades in the same company for about the period of one month, when the deponent was removed to Pelkirk about six or eight miles below Verplank's Point & the said Philip Duley was removed to some other station. but when the deponent can not now recollect -
I certify that on the 5 th day      Lewis Jones of September 1832 personally appeared before me, Lewis Jones , whose name is subscribed to the foregoing affidavit & made oath that the facts therein set forth are true, and I do further certify that I am well acquainted with the said Lewis Jones & that he is a man of truth & veracity -
James Bennett Commissioner in & Bucks St for Sch Co

State of New York } County of Schoharie } p. I John Gebhard Jr. Clerk of the said county Do certify that James Bennett before whom the within affidavit purports to have been sworn was at the date of the same, one of the commissioners of Deeds in and for the said county and duly authorized by law to administer oaths &c - And that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature - Witness my hand and seal of office this 3 d day of June 1833 John Gebhard Jr. Clerk

State of New York } John Vandenburg aged Seven Herkimer County } ty years a resident of the town of Norway County of Herkimer being one sworn deposeth and saith that in the year 1781 that he this deponent was a soldier in a company commanded by Capt. Andrew White in a Corps called the New York State Troops Stationed and Mustered at Fishkill in the County of Dutchess State of New York and at that place he became acquainted with Philip Duly a soldier in a company under Captain Shepherd in the same Regiment. That after we were mustered we went to West Point together after that our com- panies were separated on different commands and he does not recollect where the said Philip Duly was stationed after that time.
I certify that on the 7 th day of September 1832 personally appeared before me John Vandenburg whose name is subscribed to the above affidavit & made oath that the facts therein set forth are true And I do further certify that I am well acquainted with the John Vandenburg & that he is a man of truth & veracity
Daniel C. Henderson Commissioner of Oaths of Herkimer County

State of New York Herkimer County } ss Clerk's Office }
I Julius C. Nelson Clerk of the said County do hereby certify that Daniel C. Henderson before whom the within official report to have been sworn was on the day of his election to Commission of such and for said County and duly authorized to administer oaths, and that I am acquainted with the handwriting of the said Commissioner and verily believe his name subscribed - to the said official to be his proper hand writing and signature
Witness my hand and Seal of Office this 12th day of June 1833 Julius C. Nelson Clerk

State of New York
Otsego County ss }
Philip Duly being sworn saith that has been informed by George A. Stockumather Esqr. that the objection made to his papers heretofore made out & the reason given by the War Department, why this deponent is not entitled to a pension is that this deponent was under sixteen years of age at the time he entered the ser- vice. Now this deponent saith, that he is positively certain that he was over sixteen years of age at the time he entered the service, to wit. in his seven- teenth year. This deponent saith there can be no doubt upon this subject and this deponent saith that he was born in the year seventeen hundred and fifty two as before stated by this deponent ac- cording to the best recollection, infor- mation & belief of this deponent & This deponent can not account for the error in any other way than that this deponent must have entered the service in the year 1778 instead of the year 1777 and this deponent saith

That he is very confident the error must have arisen in this way, from the fact that this deponent is absolutely certain of position he was over sixteen years of age at the time he this deponent first enlisted into the Service Sworn and subscribed Philip Baley before me this 20th day of December 1833 Jethro Doudlehy Jr Justice
State of New York Otsego County ss) Samuel Crofts of the Town of Hartwick & County of Otsego & Ebenezer Wilcox of the Town of Middle- field and County of Otsego being sworn say that they are well acquainted with Philip Baley, and they each of them say that he is strictly honest and his statement may be relied upon, and they have no doubt but that the error must have arisen in his statements in the

way he has shown set forth
Sworn and subscribed before me this 20 th day of December 1833 Seth Doubleday Jr. Justice
Samuel Crafts Ebenezer Walcutt
State of New York } I, Horace Lathrop Clerk of said Olango County } do hereby certify that Seth Doubleday Jus. Esq. before whom the preceding Affidavits purport to have been sworn was at the date of the same one of the Justices of the Peace in and for said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits to be his proper hand writing and signatures Witness my hand & seal of Office Dec r 21 st AD 1833 Horace Lathrop Clerk for J. W. Richardson Dep y .
Hon J. L. Edwards.
Sir. I again send you additional affidavits of perjury of Philip Lulys case - I also return your letter by which you will see your Clerks have made a mistake of two years in the computation - The papers set forth that Lulys was born in 1762 and that he enlisted in 1777 making him 15 years old instead of
1777 1762 15 yrs

thirteen as stated in your letter - Mr. Luby swears positively that he was sixteen & upwards when he enlisted, and I have no doubt of the fact. I do candidly believe the error has arisen as he states in this his explanatory aff. I have been acquainted with the Sons of Genl. Ennis and Mr. Wilcox for a long time and they are respectable men. & from my acquaintance with Mr. Luby I do not hesitate to say he is strictly honest & acts conscientiously in this matter. I hope these papers will prove sufficient to authorize the Department to place his name on the Pension Roll. Respectfully Yours Geo. A. Stashworth
In the matter of Philip Luby a Pensioner affidavit

Philip Bailey Esq.
Aug. 2 o
1840
Jemison's Spring
Hon. J. L. Edwards Bent of Pigeons Washington City

Cooperslawn 6 to 40 60 St. John July 28th 1834 -
Dear Sir,
Philip Deley of Milford in this County is an applicant for a pension - His papers were drawn up and sent to the War Department by Mr. Shukmuthes of this village - and were rejected - Supplementary papers were forwarded all of which are I understand in file in the department - The General who appointed him in 1777 would not have been alive in 1777 - Hence it is inferred that he did not serve as he alleges - I send his affidavit in explanation of his facts and also the afft of Lewis Jones - In the explanatory the notes at the points which would not have been in 1777 but must have been afterwards in 78 or 79 - I have no doubt myself but Deley & Jones were truly & that Deley served as he states - He is spoken very well of by his neighbors & his affidavit is much in his favor & from my acquaintance with him I cannot for a moment doubt doubt the history of placing him on the roll for 7 months -
Yours respectfully
Henry Brown
Genl. L. Edwards Comr of Pensions.

Sept 3 rd N.Y.
EP 11
Hon: J. L. Edwards Govt of Pensions Washington
Shick Valley -

Copersonown Ohio 60 N.Y. August 29th 1834
Dear Sir:
From your letter of Aug t 22. 1834 it appears that Philip Duley's application is responded to a further explanation required. —
I send it by the enclosed letter which I desire may be connected to the original papers in file & the whole received with the liberality due to an old man who unfortunately must as he states altho' it is possible he may be mistaken in some of the particulars particulars. —
In your of Aug t 22 you state that there are enlistments in the United States — I think that mistake for I presume it a mistake of the papers who claim the letter is sufficiently explained. —
You state also that he must name the officers under whom he served — He has done so as far as his recollection serves him & from my knowledge of the man I presume he has done it honestly & truly — Permit me then to solicit your attention thereto. —
Hon. J. L. Edwards Censor in
Yours respectfully Henry Brown

State of New York
Ulster County ss Philip Duley of the Town of Milford in the County & State aforesaid being duly sworn saith that this deponent together with all the Militia in his vicinity were at the time referred to in his former affidavits formed into companies of three each That one out of each company was to go into service when ordered out except in those cases where they were called out en masse That this deponent volunteered his services to go for one of such companies of three which was what this deponent called his enlistment as stated in his former affidavits - That in the latter part of June 1798 as this deponent now recollects he this deponent was mustered at Fishkill in the State of New York in a company of Militia Commanded by Capt Veile whose christian name this deponent does not recollect with perfect certainty but thinks it was Isaac  Isaac - That after staying at Fishkill a few days this deponent was marched from thence to Stony Point & Verplank's point down the Hudson River and arrived there after the British had evacuated the latter - That when this deponent was mustered at Fishkill as aforesaid there was a Regiment of Militia there commanded by Col Hopkins or Col Graham and which this deponent cannot now recollect - but thinks it was Col Hopkins - That Capt Veile's Company constituted a part of said Col Hopkins Regiment - That this deponent's Col during the four months service was Col Wiesenvelt as near as he can recollect it - and his Captains was Shephard - and the second Lieut's name was Isaac Fitch - That this deponent served as is before stated in said Veile's Company & in said Hopkins Regiment - and further this deponent saith not
Philip Duley
Subscribed & sworn this 29th day of August A D 1834 before me —
Henry Brown Supr Ct Comm
I hereby certify that I am acquainted with the above named Philip Duley & that he is a man of truth & veracity & that full faith & credit is due to his testimony in oath
Henry Brown Supr Ct Comm

State of New York
Owego County ss. I Horace S. Lathrop Clerk of said County do certify that Henry Brown Esquire before whom the within affidavit of Philip Duley purports to have been sworn was on the day of the date of the same a Supreme Court commissioner in & for the County of Owego and further that I am well acquainted with his hand writing & verily believe his name sub- scribed to said Affidavit and to the certificate of credibility to be his genuine signatures Witness my hand & seal the 29 th day of August 1824 Horace S. Lathrop Clerk for J. M. Richardson Deputy.
Philip Duley, affl Supplementary
Henry Brown Commissioner Owego County caput

In the Matter of Philip Duley a Pensioner
18371
adm d Ymatri $23.33

State of New York Otsego County ss
Philip Bulley being sworn saith that he is not acquainted with any Clergymen in the neighborhood where he resides upon whom he can call to make the necessary Certificate required, which is the reason of his not obtaining such Certificate before, and he also saith that the Colonel was under whom he served the first three months, was Graham or Hopkins & the name of the Col. to whom Regiment this deponent was attached during the last four months was Wisner. But and further this deponent saith not
sworn before me this 30th day of May 1833
Philip Bulley
Atty Doubleday & Insten
State of New York Otsego County ss
I, Horace Lathrop, Clerk of the said County do certify that Setho Doubleday Esq. before whom the above affidavit purports to have been sworn was at the date of the same one of the Justices of the Peace in and for said County; and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature. Witness my hand & Seal of Office this 17th day of June 1833.
Horace Lathrop. Clerk.

Supplemental affidavits in case of Philip Dilley appellant for a pension Milford Otsego Co N. York
Henry Brown Eastportown Otsego Co N. York agent

State of New York Schoharie County ss
Sevis Jones of the town of Duane, Ulster County & Schoharie being duly sworn says that he is the day seventy eight years of age, - that he was born in Peshkill county of Dutchess that he is well acquainted with Philip Duley and that he first knew said Duley in the year 1878 at Verplank's Point on the Hudson River, that this deponent was then a soldier in a company of Volunteers commanded by Captain Valie , and that he this deponent became acquainted with said Duley who was also a soldier in the company of Captain Valie, after the company arrived at Verplank's Point - and this deponent further says that his company was mustered at Fishkill on the Hudson, & remained there two or three months before they were marched to Verplank's Point - that when deponent & his company arrived at Verplank's they found that the British had just evacuated the same, & this deponent well recollects that he found among other things, a quantity of beans, which he brought away from the Point and planted them in his garden at home - and this deponent further says that he remained with his company at Verplank's Point two or three weeks & this deponent thinks straight about four weeks, that Duley was with this deponent during this time & was attached to, and belonged to the company as a soldier - that the company marched from Verplank's Point back to Fishkill, remaining there until he was discharged, - that the above facts are all that this deponent can recollect with certainty -
On the 22 nd day of July 1884 personally appeared Lewis Jones to me Lewis Jones well known to be a person of truth & veracity & acknowledged to me the above affidavit - Garrison Bennett a Commissioner of Piques for Schoharie Co

State of New York
County of Schoharie ss. I John Gebhard Jr. Clerk of the said county Do certify that James Barnett before whom the within affidavit reports to have been sworn, was at the date of the same, a commissioner of Deeds, in and for the said county - And that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature - Witness my hand and seal of office this 28 th day of July 1884
John Gebhard Jr. Clerk

State of New York
Catskill County ss.
Philip Deley of the Town of Ulster in the County of Catskill aforesaid being duly sworn saith that he is an applicant for a Pension for services during the Revolutionary War. That his application is now pending & is predicated upon the deponents affds. and also upon the affidavit of Lewis Seno of Schoharie County, and that - That this deponent in his former affidavit stated that he was born in the year 1762 and enlisted in the year 1779 at Fishkill in a Company of Militia & served in that vicinity for three months during said year 1779. - And this deponent further saith that upon reflection he is now satisfied that he was mistaken in the year in which said services were rendered. - The reasons which induces this deponent to believe that he was then mistaken are the following - First this deponent was sixteen years old in the month of May previous to his entering the service of this part this deponent is confident as a further reason this deponent states that he enlisted at Fishkill as stated in his former affidavit in a company of Militia commanded by Capt. Kile for three months - That the Militia were clapped at that time in small claps of thirty each one of which was to go - That this deponent entered his name as a volunteer to go for one of the aforesaid claps & the other two members of the clap agreed to pay this deponent some small compensation for them volunteering to go - That this deponent was mustered in Fishkill village in said Company commanded by Capt. Kile - That said Lewis Seno was a member of the same Company & the only person now living to this deponents knowledge by whom he can prove said service - That on being mustered as aforesaid this deponent remained at Fishkill a short time and from there marched to Verplank's point a few miles below Fishkill on the Hudson river. That on arriving at Verplank's point this deponent was informed that the British had just evacuated the same - That it was then smoking - That it had been demolished by the British as much as it would in a short time - That a large orchard of apple trees just below had been cut down - which this deponent can

debtors had been done by the British for pro wood or some other purpose while they occupied the place - That from the fact that the works were operating & in ruins when this captain in said Company arrived at the place from which this captain is now outside it must have been in 1778 instead of 1777 as stated in his former affidavit - and this captain further states that in the year 1781 he then entered for four months and served out his said term as is stated in his former affidavit making in the whole seven months that he this captain served in the revolutionary army - and further this captain swears -
On the 28th day of July A.D. 1834 Personally appeared before me Philip Duley to me well known and who is a person of truth & veracity & substantial & made oath to the above affidavit
Philip Duley
Henry Brown Sup 6th Commissioner
State of New York Albany County ss
Horace Lathrop Clerk of the County of Albany Do certify that Henry Brown Esquire before whom the preceding affidavit of Philip Duley purports to have been sworn was on the day of the date of the same a Supreme Court Commissioner residing in said County duly commissioned & qualified Authorized by Law to take Affidavits &c And further that I am well acquainted with his hand writing and verily believe the signature Henry Brown Sup Ct Commissioner is his genuine hand writing & signature as subscribed to the above Affidavit or certificate Witness my hand & seal of Office this 28th day of July 1834. Horace Lathrop Clerk for M. Richardson Deputy Clerk